Legal Opinion
Thomas v. Bank of Oklahoma, N.A.
Supreme Court of Oklahoma
Decided July 24, 1984No. 60207PublishedCited by 7 opinions
1Opinion of the Court
DOOLIN, Justice.
Can forced heir election under 84 O.S. 1981, § 44 be defeated by placing assets in a revocable inter vivos trust? We answer in the negative.
Richard and Martha Thomas were married in 1953, and two children (co-plaintiffs/appellants) were born of that union. In 1976 Martha placed the bulk of her separate inherited property in a revocable vivos trust with herself and the ap-pellee/bank serving as trustees. She maintained complete control and dominion over the assets at all times. Upon her death in 1981 the trust directed the Bank to pay the trust interest to Richard and the two…
2Cases cited12 opinions
- Estate of Sanford v. CommissionerSupreme Court of the United States · 1939
- Newman v. DoreNew York Court of Appeals · 1937
- York v. TriggSupreme Court of Oklahoma · 1922
- Sanditen v. SanditenSupreme Court of Oklahoma · 1972
- Alexander v. AlexanderSupreme Court of Oklahoma · 1975
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3Cited by7 opinions
- Bongaards v. MillenMassachusetts Supreme Judicial Court · 2003
- Welch v. CrowSupreme Court of Oklahoma · 2009
- Bayless v. Crabtree Through AdamsDistrict Court, W.D. Oklahoma · 1989
- Benjamin v. ButlerSupreme Court of Oklahoma · 2008
- Limb v. AldridgeCourt of Civil Appeals of Oklahoma · 1998
2 more not listed; retrieve them via the Exa API.